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Just wanting to update in case this is useful to others and also to thank Jimmy for your advice.
This week the adjudicator served the OC with an order to rectify all the damage at their expense! Saying that as the damage was caused by common property I am not responsible and should not be expected to pay for it or claim it on my insurance.
Unfortunately they can’t order the OC or strata to pay costs so in all it has cost me about $150 in filing fees (including the mediation that strata ignored) as well as numerous hours of work and stress (I still haven’t managed to find out what actually caused the leak and what was done to fix it but apparently it is still actually leaking a bit).
Now I just hope that Strata actually do the work. It seems unfair that the owners have to pay for the work (and also a penalty if it doesn’t get done) when really it is the direct fault of the complete and total incompetence of the strata managers.
@scotlandx said:
So now you can go ahead and apply for adjudication, you just need to attach evidence that you did the mediation step which I believe is the advice that the other party declined and the file has been closed.
Thanks for that – still waiting for that letter to arrive as the mould spreads throughout the bathroom.
Do you happen to know if I have to pay another fee to apply for adjudication or whether the mediation fee carries forward? Not only is it another expense but I also have to take time off work to pay it as they don’t have any digital payment methods.
Another interesting but apparently useless find:
STRATA SCHEMES MANAGEMENT REGULATION 2010 – REG 24
24 Attendance and representation
(1) A mediation session must be attended by each party or by a legal representative, or other representative, having authority to settle the matter.
There is no mention of any penalty for not attending and clearly it isn’t enforced by OFT.
This saga continues.
I applied for mediation (& paid $74 to do it). Strata then requested an extension to respond as Fair Trading had missed a few pages of the copy they received. Then when the deadline had passed I received a call from mediation saying that the EC had ‘declined to attend mediation’ and so they were closing the file! I had no idea this was even an option and was told by OFT that I had to apply for mediation before I could apply for an order.
The person I spoke to suggested he was under the impression that it meant they were going to do the work. I wrote to strata asking if that was the case before I spend another $74 applying for an order. Needless to say I haven’t had a response yet.
I also supplied Strata with this case which I thought might be of interest to the forum as well.
Isn't that like saying if I chose to drive a porsche and another driver crashed into it but their brakes failed so it wasn't their fault that I should pay for it? In that situation they or their insurance would be responsible for the repairs, no matter the value, and I wouldn't lose my no claim bonus.
I don't know whose fault the leak is because the OC won't answer my questions about it but I know it wasn't mine so don't see why I should be out of pocket for it. I can claim on my insurance but I would need to pay the excess plus then my premiums go up. Plus if what you suggest is correct this could in theory happen again and again until I'm bankrupted or refused insurance coverage.
Thanks Jimmy. Unfortunately I think you're right and that's the only way to go.
The last response to my query about what laws it is based on was this:
I have had it confirmed that the booklet is a reference to the Freehold Development Act and NOT the Strata Schemes Management Act.
Not only does it STILL not tell me what law it is based on but I also don't think it makes any sense. Surely the Freehold Development Act governs the set up of Strata Schemes and the Strata Schemes Management Act the managing of them?
It will probably save my time and sanity to go through mediation rather than trying to make them see reason.
Would you get the repairs done (the damage just gets worse as time goes on) assuming I can afford it and then chase them for the money? Or go to tribunal asking them to arrange the work?
Thanks again!!
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